Members of the Eastern Band of Cherokee Indians might have the chance to decide whether they want alcohol in their individual communities this spring, but Tribal Council is still trying to decide if and how it would include the option on the alcohol referendum.

Tribal council approved a referendum in the fall that will give members of the Eastern Band the chance to vote on whether alcohol sales should be legalized on the reservation. Currently, the reservation is dry with the exception of the casino.

The Rev. Noah Crowe from Snowbird appealed to Tribal Council last week, asserting that individual communities should have the option of banning or permitting alcohol sales. This means that parts of the reservation could remain dry even if other communities vote to lift the alcohol ban.

“The issue of alcohol in our community as tribal members has been very powerful — and not in a positive way,” Crowe said. “I think a question like this gives power back to the community.”

Principal Chief Michell Hicks appeared at the tribal council meeting and backed the resolution brought forward by Crowe.

“I appreciate Mr. Crowe coming in. I know this has always been an emotional issue,” said Hicks. “I think that our communities are different in their makeup. An issue of this magnitude should not be forced on a community.”

Hicks has previously expressed concerns over alcohol sales being allowed in every corner of the reservation. Should the ballot measure be passed as currently written, convenience stores selling booze could potentially crop up anywhere.

The reservation is comprised of six communities: Birdtown, Wolftown, Big Cove, Painttown, Snowbird/Cherokee County and Yellowhill.

Snowbird, a remote and isolated portion of the reservation in the rugged mountains of Graham County, has an older population and is known for being more traditional. Snowbird is the only community that voted against allowing the casino to sell alcohol in another ballot measure two years ago.

No matter what, members of the Eastern Band will vote on some form of the referendum on April 15.

Massaging the verbiage

Although the council seemed amenable to the idea, legal conundrums continued to crop up.

“There are some significant issues,” said Tribal Attorney General Annette Tarnawsky. “Right now the way that this reads, you would have a problem in Painttown.”

The casino is located in Painttown, and the current wording of Crowe’s amendment would make alcohol sales in the casino illegal should the community vote down the alcohol referendum.

“I just want to make sure there is an informed decision,” Tarnawsky said. “There are a lot of things we need to look at.”

The reservation-wide ban has prevented businesses from coming to the reservation. Some restaurants have chosen to skip over Cherokee and open chains elsewhere.

“That has definitely been an issue in the past,” Hicks said.

Tribal Council chose to table Crowe’s proposal until its Feb. meeting in order to give the attorney general’s office more time to tweak its language and to avoid a rushed decision.

“I don’t want to see it fall through the cracks,” Crowe said.

A couple of council members indicated that they thought their constituents would approve of adding Crowe’s question to the referendum.

“My community strongly wants a say,” said Perry Shell, a tribal council member from Big Cove.

Diamond Brown, a tribal council member from Snowbird, said that he believes residents of his community would like to have the option as well.

“If I were to get out and do a survey with the Snowbirders, the Snowbirders would be against it,” Brown said.

And, for his community, voting down alcohol would not affect businesses. Residents of Snowbird must already travel to Robbinsville or other nearby towns to shop.

“We don’t have a town; we don’t even have our own post office,” Brown said. “We don’t even have convenience stores.”

The count down

On April 15, members of the Eastern Band of Cherokee Indians will go to the polls to decide whether to legalize alcohol sales on the reservation. The three-part ballot will allow voters to approve all, none, or one or two of the following:

• To permit a tribal ABC store to sell liquor to the public.

• To permit the sale of beer, wine and liquor drinks only in restaurants licensed by the Eastern Band.

• To permit the sale of beer and wine only in grocery stores and convenience stores licensed by the Eastern Band.

If Rev. Noah Crowe’s proposal is approved, tribal members would also be able to chose whether or not they want alcohol sold in their community. This means that parts of the reservation could remain dry even if other communities vote to lift the alcohol ban.

The option may give the referendum a better chance of actually passing. The Eastern Band has shot down similar measures in the past and even stopped before a vote could take place. Many Cherokee are strong Christians and the tribe has a long history of alcoholism and diabetes, making some inclined to oppose alcohol.

Joe Bock, an Indiana resident passing through this area on his way to Florida, was on a bit of a mission one recent day in Cherokee. Bock wanted to enjoy a beer with his lunch.

That desire remained unfulfilled, however — the restaurants on the Qualla Boundary, other than at Harrah’s Cherokee Casino and Resort, are dry. Bock wasn’t particularly upset, and said the absence of a beer with his lunch wouldn’t deter a repeat visit to the region.

“But sometimes you’d just like a beer,” he said in something of a wistful tone.

Voters might change all that in April. Cherokee tribal members will vote on referendum questions that could bring alcoholic beverages to stores and restaurants reservation-wide.

One sticking point? News that Principal Chief Michell Hicks wants the tribe to control sales of beer, wine and liquor through a tribally run alcohol store rather than allowing it on the shelves of gas stations and grocery stores.

That concerns Pete Patel, who with his wife owns Jenkins Grocery, the last stopping point on old U.S. 19 headed west to Bryson City just before motorists leave the reservation’s boundaries.

“We’re struggling even to survive,” Patel said. “If we could sell (alcoholic beverages) legally, we’d like to sell them. We could use a little extra help.”

Hicks would support alcohol in restaurants, however, and that pleases Emily Geisler, the manager of Tribal Grounds, a popular coffee shop on the reservation.

“I think it’s really important, especially for restaurants, to be able to offer beer or wine,” Geisler said. “If somebody wants the full dining experience, now they have to go out of town.”

Businesses in Cherokee are gearing up for a campaign aimed at convincing members of the Eastern Band of Cherokee Indians to vote ‘yes’ on a measure that could end the nearly reservation-wide moratorium on the sale of alcohol.

Michell Hicks, chief of the Eastern Band, decided last Wednesday to allow a controversial vote to go forward next April on whether to legalize alcohol sales on the reservation.

“At this point, I just feel strongly that it’s the people’s decision,” Hicks said. “It’s an issue for the people to vote on.”

With the exception of Harrah’s Casino, Cherokee is dry. Restaurants, grocery stores and gas stations are not permitted to sell beer, wine or liquor.

Tribal council last month voted to hold a referendum that would give all tribal members a chance to vote on legalizing alcohol sales.

The chief had until Wednesday to decide whether to veto tribal council’s decision. He spent the full 30-day time limit praying about it, he said.

In April, members of the Eastern Band will vote to approve all, none, or one or two of the following:

• To permit a tribal ABC store to sell liquor to the public.

• To permit the sale of beer, wine and liquor drinks only in restaurants licensed by the Eastern Band.

• To permit the sale of beer and wine only in grocery stores and convenience stores licensed by the Eastern Band.

No matter which of the three items is approved, Hicks said he wants the tribe to control how and where alcohol is distributed on the reservation, as well as benefit revenue-wise from its sales.

Hicks is OK with restaurants selling alcohol but doesn’t want to see beer and wine on the shelves of gas stations, and package stores cropping up across the reservation.

Instead, Hicks would prefer for the tribe to be the sole proprietor of alcohol sales to the public. Liquor sales both to the public and restaurants would be handled through a tribally owned and operated ABC store, as is the norm for anywhere in North Carolina.

Hicks would like beer and wine to be handled the same way. He does not want beer and wine to be sold in gas stations and grocery stores, saying that is “something I won’t support.” Instead, he wants the sale of beer, wine and liquor limited to tribally operated ABC stores.

Hicks is not advocating for the alcohol vote to pass, but if it does, he wants the tribe to control the sale of alcohol for two reasons. One is to keep gas stations peddling booze off every corner of the reservation, citing that he doesn’t “think it’s healthy.”

Confining sales to a tribally run store would keep alcohol from rural areas of the reservation as well, such as the Snowbird community in the remote mountainous reaches of Graham County.

The other reason is financial. Cherokee would reap the profits from selling the alcohol.

The revenue from alcohol sales “could be substantial,” Hicks said.

Boon to business

Many local businesses support the referendum, saying alcohol will boost their bottom line and keep tourists who might otherwise leave the reservation in search of alcohol.

Business owners met earlier this month to talk about ways to advocate for the passage of the referendum. They have formed a committee and several subcommittees to raise funds for their campaign, organize public forums and decide where to run promotional advertising.

Ninety days prior to the vote, which is expected to take place in mid-April, the committee will run advertising in newspapers and on billboards, encouraging tribe members to vote ‘yes’ and allow alcohol to be sold on the reservation. During the meeting, several people told stories of customers leaving and never returning because businesses cannot sell alcohol.

Telling people that they cannot buy alcohol on the reservation is a “very aggravating thing,” said Don Rose, a member of the Eastern Band, in a recent interview. Businesses in Cherokee could compete with those in surrounding towns if they are allowed to sell alcohol. Currently, visitors must travel to Bryson City or Sylva to purchase alcohol — or even to have a glass of wine with their meal.

“We are just trying to catch up with the rest of the world,” Rose said.

The Cherokee Chamber of Commerce and Rose agree with Hicks that businesses should purchase their alcohol from a tribally owned ABC store.

“That would be a definite benefit to have the money stay here,” said Matt Pegg, head of the Cherokee Chamber of Commerce. “There are a lot of things we could do with that.”

Pegg emphasized that businesses would be under strict regulations regarding the sale of alcohol. The tribal ABC Commission would license individual businesses and teach owners and employees about their legal responsibilities as an alcohol reseller. A business could lose its license for violating regulations once.

“It wouldn’t just be a free for all,” Pegg said.

The tribe would reap the benefits of alcohol sales by funneling sales through its own ABC store.

Although both tribal council and Hicks approved the referendum, the battle to allow alcohol on the reservation is far from over. Many in Cherokee are strong Christians and have a long history of alcoholism and diabetes, making many inclined to oppose such a referendum.

The Eastern Band has shot down similar measures in the past — and even halted some cries for alcohol on the reservation before a vote could take place.

The referendum passed tribal council in late October, with nine of 12 representatives voting for it. Two council members wanted to table the resolution, and the remaining member was not present.

Michell Hicks, chief of the Eastern Band of Cherokee Indians, will allow a controversial vote to go forward next April on whether to legalize alcohol sales on the reservation.

“At this point, I just feel strongly that it’s the people decision,” Hicks said. “It’s an issue for the people to vote on.”

Cherokee is currently dry, with no beer, wine or liquor sold in restaurants or convenience stores — with the exception of Harrah’s Casino. Tribal council last month voted to hold a referendum that would give all tribal members a chance to vote on legalizing alcohol sales.

The chief had until Wednesday to decide whether to veto tribal council’s decision. He spent the full 30-day time limit praying about it, he said.

Hicks said he wants the tribe to control how and where alcohol is distributed on the reservation, as well as benefit revenue-wise from its sales.

Hicks is okay with restaurants selling alcohol but doesn’t want to see beer and wine turning up on the shelves of gas stations and package stores cropping up across the reservation.

Instead, Hicks wants the tribe to be the sole proprietor of alcohol sales to the public. Liquor sales both to the public and restaurants would be handled through a tribally owned and operated ABC store, as is the norm for anywhere in North Carolina.

Hicks would like beer and wine to be handled the same way. He does not want beer and wine to be sold in gas stations and grocery stores, saying that is “something I won’t support.” Instead, he wants the sale of beer, wine and liquor limited to tribal ABC stores.

Hicks is not advocating for the alcohol vote to pass, but if it does, he wants the tribe to control the sale of alcohol for two reasons. One is to keep gas stations peddling booze off every corner of the reservation, citing that he doesn’t “think it’s healthy.”

Confining sales to a tribally run store would keep alcohol from cropping up on rural areas of the reservation as well, like the Snowbird community in the remote mountainous reaches of Graham County.

The other reason is financial. Cherokee would reap the profits from selling the alcohol.

The revenue from alcohol sales “could be substantial,” Hicks said.

Many local businesses support the referendum, saying alcohol will boost their bottom line and keep tourists who might other leave the reservation in search of alcohol in Cherokee.

However, many in Cherokee are strong Christians and have a long history of alcoholism and diabetes, making many inclined to oppose such a referendum.

The Eastern Band has shot down similar measures in the past — and even halted some cries for alcohol on the reservation before a vote could take place.

The referendum passed tribal council in late October, with nine of 12 representatives voting for it. Two council members wanted to table the resolution, and the remaining member was not present.

Members of the Eastern Band are expected to vote on the referendum in April and can approve all, none, or one or two of the following:

• To permit a tribal ABC store to sell liquor to the public.

• To permit the sale of beer, wine and liquor drinks only in restaurants licensed by the Eastern Band.

• To permit the sale of beer and wine only in grocery stores and convenience stores licensed by the Eastern Band.

A group of Cherokee business leaders will be a driving force in the campaign to permit alcohol sales on the reservation.

Members of the Eastern Band of Cherokee Indians will vote in April on whether to legalize alcohol sales on the currently dry reservation.

“Most business owners are saying the same thing — it would be a nice option,” said Matthew Pegg, executive director of the Cherokee Chamber of Commerce.

The chamber and the Cherokee ABC Board hosted a public meeting last Wednesday (Nov. 2) to gauge businesses’ opinions about the possibility of alcohol sales. About 20 people attended.

Several business owners said they had lost business because they are not permitted to sell adult beverages.

“It is imperative that our restaurants have alcohol,” said Morgan Owle-Crisp, a business owner and member of the tribe. Owle-Crisp added that potential customers travel to Asheville and other surrounding cities to eat and drink.

Beth Wolpert, manager of Yogi in the Smokies, a campground in Cherokee, said that she has had campers leave after finding out that they would have to drive 20 minutes to Bryson City to buy alcohol.

While tourism in Cherokee has improved over the past decade thanks both to the casino and cultural emphasis by the tribe, tourism overall on the reservation has been on the decline since its heyday in the 1950s and 1960s, business owners said.

Alcohol could bring back some of that lost revenue, agreed business owners in attendance.

“We don’t have John Wayne out there promoting the Indians,” said Collette Coggins, owner of the Cherokee Bear Zoo.

Even if the referendum passes, the tribal ABC board will have the final say regarding who receives an alcohol permit.

To qualify to sell alcohol, a restaurant or grocery store would have to get 30 to 40 percent of its revenue from food sales, said Bob Blakenship, chair of the Cherokee ABC Board. Blakenship projected that a tribal ABC store would sell $500,000 in alcohol each year.

One reason for the major push to approve the referendum is a similar vote slated in Jackson County in May. If the measure passes, gas stations a stone’s throw from the reservation in Jackson County could sell beer and wine from their shelves. Jackson County could also place an ABC store selling bottles of liquor as close to Cherokee as possible, said Don Rose, vice chair of the tribal ABC board.

“It is going to be at our doorstep anyway,” he said. “All we’re doing is making it more convenient (to purchase alcohol).”

The three-part ballot will allow voters to separately weigh in on where alcohol sales should be permitted.

• To permit a tribal ABC store to sell liquor to the public.

• To permit the sale of beer, wine and liquor drinks only in restaurants licensed by the Eastern Band.

• To permit the sale of beer and wine only in grocery stores and convenience stores licensed by the Eastern Band.

Tribe members can approve all, none, or one or two of these.

Attendees at the meeting talked about the wording of the ballot.

“You want simplicity in these question,” Rose said. “Otherwise, people won’t know what they are voting for.”

The Chamber of Commerce will hold its regular monthly meeting Nov. 15 and discuss funding for the campaign.

On Nov. 17, a campaign committee will meet at 9:30 a.m. at the Chestnut Tree Inn to begin formulating a plan, aimed at raising awareness and promoting the benefits of allowing alcohol on the reservation. The committee will discuss advertising in newspapers and on billboards as well as arranging an informational meeting for tribal members.

“People need to know it’s not going to be widespread,” said Steve Arch, owner of Big Bear Exxon Mart.

The committee will work under a tentative deadline of April 15 since it is currently unknown when or if the vote will occur.

A plan and funding for a campaign should be in place 90 days before the vote, Rose said.

Tribal Council approved the referendum regarding reservation-wide alcohol sales last month, giving tribal members a say in the historically controversial issue.

Nine out of 12 council members voted for the referendum. The other three didn’t exactly vote “no.” Two voted to table the measure, the third was out of town for the vote.

Chief Michell Hicks has until Nov. 23 — 30 days following the tribal council vote — to veto the referendum. As of Monday afternoon, Hicks had yet to make a decision.

Even if the chief shoots down the measure, tribal council can override his veto with a two-thirds majority, which they appear to have.

Tribal members have voted against allowing reservation-wide alcohol sales twice before. In 2009, however, voters approved a referendum to permit the sale of alcohol in the casino.

While proponents say alcohol will help Cherokee’s economy and attract tourists to local businesses, opponents of the referendum cite religious convictions and a long history of alcoholism among the Cherokee as reasons to continue its dry spell.

Cherokee tribal members could vote this April on whether to allow alcoholic beverage sales on the reservation, one month before a similar referendum will be held on legalizing sales countywide in neighboring Jackson County.

Cherokee’s referendum is contingent on Principal Chief Michell Hicks signing off on a resolution passed last week by nine of the 12 Tribal Council members.

Hicks has 30 days from Oct. 24, the day council voted, to make up his mind.

Asked Monday if he would allow the vote to go forward, Hicks said in response: “I don’t know, I’m not sure. I’m still praying on it.”

Hicks might not be able to stop a referendum even if he tries, however. Tribal Council can override the chief if the council has two-thirds majority — which, unless some members reverse their votes, it would. One complicating factor is that tribal council members’ votes are weighted to account for the number of people living in the townships they represent. One vote does not mean one vote, in other words.

Hicks described the decision about whether to try and stop the vote as difficult, one that involves weighing both the “good and the bad” aspects of allowing the sale of alcoholic beverages to be legalized on tribal lands.

“It has to be a determination for all of our people and not just a few of our people,” he said, adding that it’s also important to him that tribal members get some kind of voice in the decision to come. Which is the rub, of course — how best to give them that voice?

If Hicks allows the vote to take place, tribal members will decide these three questions. They could approve all, none, or one or two independently from the others:

• To permit a tribal ABC store to sell liquor to the public.

• To permit the sale of beer, wine and liquor drinks only in restaurants licensed by the Eastern Band.

• To permit the sale of beer and wine only in grocery stores and convenience stores licensed by the Eastern Band.

How it happened

A resolution calling for an alcohol vote was originally going to be brought before tribal council by the ABC commission of the Eastern Band of Cherokee Indians. There’s an amendment, however, on the official resolution document. It notifies tribal clerks to strike the ABC commission as the origin and simply say state the resolution was Tribal Council-submitted. There is no additional explanation attached.

Chairman of the Cherokee ABC Board Bob Blankenship on Monday said that with neighboring Jackson County looking to vote on the same issue in May, he believed this is an opportune time for people in Cherokee to decide whether to legalize the sale of alcohol there, too.

“Jackson County needs it, we need it, everyone needs it who is involved in the tourism business,” Blankenship said bluntly.

Matthew Pegg, executive director of the Cherokee Chamber of Commerce, declined to comment about the possible vote. The Cherokee chamber is hosting an “open forum” for members to discuss the issue Nov. 2 in Cherokee.

The resolution was approved by nine out of the 12 members of Tribal Council, with no one technically voting against it — member Terri Henry was given an official absence to travel; Mike Parker and David Wolfe voted to table the resolution.

Here’s who voted yes: Bo Taylor, Perry Shell, Gene Crowe, Bill Taylor, Jim Owle, Diamond Brown, Adam Wachacha, Alan Ensley and Tommye Saunooke.

In the community

It’s not easy to find someone in Cherokee willing to endorse the sale of alcoholic beverages, not with their name attached to the supporting quote in black and white print, right here and forever in the newspaper.

It’s a cakewalk to interview those in the opposition camp, however. That’s because there’s a sudden swell of anti-alcohol indignation in Cherokee, one tapping into decades and decades of fervently held sentiment. The iron fist in this velvet glove is the 20 or so Baptist churches that call the Qualla Boundary home, united in staunch and fierce opposition to the consumption of alcohol — period, the end, in every case and without exception.

There’s also the touchy subject of alcoholism and diabetes to pair with these fundamental Christian beliefs that predominate among the Cherokee. And about seeing the tribe’s young people thrive and prosper. And, of course, there’s the deep and real respect here for Cherokee’s elders, who traditionally have spoken in one voice — a united “no” — when it comes to legalized sales.

Charla Crowe, 49, agrees with that position.

“I do not want to see alcohol in Cherokee,” Crowe said, sounding the words distinctly and in a fashion that brooked no misunderstandings.

Crowe is a Wolftown resident and owner of the store, Cherokee By Design, which is located across the road from the Tribal Council house.

Asked why, exactly, she’s against alcohol being sold here in Cherokee, Crowe responded: “We were raised here in Cherokee, and it was dry. And I want it to stay that way. We just don’t need alcohol so readily available. I’m a Christian, and that plays a huge part in my decision. We’ve got enough problems for the kids without bringing this right to our door.”

Crowe voted “no” two years ago to allow the sale of alcohol at Harrah’s casino. Walt French, of the Yellowhill community, voted “yes.” Today, he regrets that vote.

“The only way it passed at the casino was because the per capita was supposed to go up, but it sure didn’t happen that way,” French said.

From the revenues the tribe receives from the casino, 50 percent fund tribal government and services. The other 50 percent is split among the tribe’s 14,000 members in the form of two “per capita” checks each year.

Estimates in the days leading up to the 2009 casino-alcohol vote by the Tribal Casino Gaming Enterprise put the per capita return to tribal members at about $9,000 per person by 2015. In other words, a “yes” vote allowing Harrah’s to sell alcohol meant more business for the casino, and in turn individual riches in an economically strapped region where extra dollars are tough to find.

His flat wallet, however, tells a different tale than what was promised, French said.

“Though I figured a vote would happen after they voted it in at the casino,” he said. Indeed, opponents at the time said allowing alcohol at the casino was a slippery slope that would sooner or later to lead alcohol reservation-wide.

“But I don’t think it’ll pass — I won’t vote for it again,” French said. “(Tribal leaders) made a lot of promises that didn’t happen. You tell a person he’s got $5, but you do this right here and you’ll get $20. Well, people do that; because they need that money in such a bad economy to buy food, pay for electricity.”

And, at 18, Victoria Wolfe, too, opposes the sale of alcoholic beverages on tribal lands.

Soft spoken and shy, Wolfe said simply, “I’m concerned about our kids. Drugs are already bad enough here.”

A timeline

A vote by the Cherokee people on whether to allow alcohol sales reservation-wide has been a long time coming. The last one was held in 1992, but the idea has been toyed with several times since then.

• 1980: A vote on whether to allow alcohol sales on the reservation was defeated 2 to 1.

• 1992: A vote on whether to allow alcohol sales on the reservation was defeated 1,532 to 601.

• 1999: Patrick Lambert, head of the gaming commission, convinced tribal council to hold a referendum on alcohol sales. A groundswell of opposition spurred council members to cancel the referendum before it could be held.

• 2006: The Tribal Casino Gaming Enterprise appeared before tribal council and asked them to hold a referendum on alcohol sales at the casino. Opposition swiftly mounted a campaign. TCGE withdrew their request before tribal council had a chance to vote on it.

• 2008: The Tribal Casino Gaming Enterprise appeared before tribal council and asked them to hold a tribal referendum on allowing alcohol sales at the casino only. It narrowly passed tribal council but was vetoed by Chief Michell Hicks.

• 2009: Supporters of a referendum submited a petition with 1,562 signatures. The petition met the threshold for putting the measure on the ballot for a vote. It passed by a surprisingly large majority of 59 to 41 percent.

• 2011: Tribal Council approved a referendum for an April vote on allowing the legal sale of alcoholic beverages on all tribal lands. Hicks has 30 days to decide whether to allow the vote to be held, though Tribal Council can overturn a veto if there are enough votes.

Regional implications of Cherokee alcohol vote huge

A “yes” vote to allow the sale of alcoholic beverages on Cherokee tribal lands will touch many more people than just enrolled members of the Eastern Band of Cherokee Indians voting in the special election next April.

That’s because the tribe has lands in four Western North Carolina counties: Jackson, Swain, Cherokee and Graham. Of those, Graham County currently stands solitarily as the one county out of North Carolina’s 100 counties that is totally dry. The others have alcohol sales inside town limits, even if the rest of the county does not. But in conservative Graham County, a six-pack of beer or bottle-of-wine are not to be had, even in the county seat of Robbinsville.

Here’s the sorest potential spot in what’s promising to erupt into a hotly argued issue, particularly in Cherokee’s most traditional communities — Big Cove, probably, but almost certainly in the Snowbird community in dry Graham County. Even if a majority of residents in a particular Cherokee community vote against alcohol sales, the door would still open if Cherokee voters overall — reservation-wide, that is — approve the resolution.

“Those are tribal lands,” Principal Chief Michell Hicks said in explanation. “This would be a tribal-wide vote.”

Jackson is dry, but alcohol sales are allowed in Sylva and Dillsboro. Swain is dry, but alcohol is sold in Bryson City. Cherokee County is dry, but alcohol is sold in Murphy and Andrews.

Also in play for tribal alcohol supporters is this fact: The Eastern Band is considering building a satellite mini casino on 200 acres in Cherokee County on tribal lands outside of Andrews. This vote might well open the door to alcohol sales at this hybrid, not-quite-a-casino, but more-than-bingo facility. Cherokee voters in June 2009 approved the sale of alcoholic beverages at Harrah’s Cherokee Casino and Resort in downtown Cherokee but not for the rest of the reservation.

— By Quintin Ellison

Jackson County commissioners won’t allow alcohol to be served during private functions at the newly renovated historic courthouse and library.

Library supporters have been marketing the venue as an ideal spot for receptions, weddings and other functions as a way to raise extra money for the library. Not being able to serve alcohol could make the facility less attractive to private groups.

But county commissioners feared a slippery slope.

“If we open the door and allow one particular facility, I believe you’ll get additional requests,” County Manager Chuck Wooten told commissioners this week.

The county is in the process of crafting a lease for the library building, which is county-owned but run by the Fontana Regional Library system. The alcohol issue had to be settled for the lease to move forward.

In a moment of absolute and somewhat rare unanimity, commissioners voted against allowing alcohol at the library as a county-owned building. Commissioner Mark Jones, who lives in Cashiers, said he’d recently received two requests that alcoholic beverages be allowed at Albert Carlton Library during events there, too — offered as evidence that a flood of requests could follow if the alcoholic-beverage door was cracked open.

County Attorney Jay Coward said the libraries, as well as other entities using county buildings, had long operated under handshake agreements.

“We are trying to formalize these leases … so everybody understands what the ground rules are,” Wooten said.

Chairman Jack Debnam said he objected to allowing alcoholic beverages to be served at the new library for two reasons.

“The library is competing against the private sector if they are leasing the facility and serving alcohol. I don’t think we need to get in that part of it,” he said. “And, second, where do we stop? What if they wanted to serve alcohol at the Golden Age Center? Suppose they want to serve alcohol over here at the baseball fields one day? Where do we stop?”

Commissioner Joe Cowan said that concerned him, too.

“This brings in the whole aspect of public schools,” Cowan said, adding that he also felt uncomfortable about the liability issue.

Ray Bradley Jr. is the talkative type. He’s not shy airing his opinions, whether the discussion is about Cherokee tribal politics or, as is the case now, what legalizing alcohol sales throughout Jackson County could mean along the highway leading to the reservation.

Growth, Bradley said confidently, will explode if a ballot measure next May opens the door for countywide alcohol sales in Jackson. It could bring with it major changes to the Gateway corridor — the stretch of U.S. 441 leading into the Cherokee Indian Reservation and the tourist magnet, Harrah’s Cherokee Casino and Resort.

Cherokee itself is dry, except for the casino property, which serves alcohol for in-house consumption only. The closest town to Cherokee to buy a six-pack or bottle of wine is Bryson City in Swain County, roughly 10 miles away.

Jackson County’s alcohol vote could change that, making alcohol available at the reservation’s doorstep, capturing not only the demand for alcohol by local Cherokee people but the tourist market as well.

County commissioner Charles Elders, who owns and runs a gas station on U.S. 74 a couple of miles from the turnoff to Cherokee, also believes the legal sales of alcohol could spur growth in that area. He said he personally wouldn’t sell beer, but that won’t be his decision to make — Elders, at 68, is preparing to turn the business over to his son, Dewayne.

If alcohol became readily available at Cherokee’s doorstep, Bradley thinks that would bring development on par with Pigeon Forge, Tenn. Elders isn’t so sure of that, though he does endorse growth as a virtual inevitability if alcohol sales are voted in.

Bradley’s theory might seem a leap when compared with the sprinkle of businesses lining the corridor today: a few gas stations, a dollar store, thrift shops and several older motels, some of them now vacant. In Bradley’s book, rapid growth would be a good thing, bringing money, jobs and prosperity for many people now suffering without. This economic trifecta, he’s sure, simply awaits legalized alcohol sales. Bradley’s family runs a business along the four-lane highway, the Nu2U consignment shop.

“The Bible thumpers and the bootleggers won’t like it,” Bradley predicted. “But there’s no reason this gap shouldn’t look just like Gatlinburg within five years.”

Noel Blakely, owner of the Old Mill General Store and Craft Shop along the corridor, is more tempered in his view of alcohol.

The price of property on the highway in to Cherokee has increased lately, and Blakely thinks the prospect of legal alcohol sales could further that trend. It could bring a few nice restaurants and generally improve the caliber of businesses along the highway.

But Blakely believes the damage of making alcohol more accessible in Cherokee would far outweigh the benefits.

“I’m against alcohol,” said Blakely, a member of the tribe. He voted against bringing it to the casino, and if he decides to vote in the ballot measure next May, he would vote ‘no.’

Locals would no longer have to make the trek to Bryson City for alcoholic beverages, and that could fuel drinking problems on the reservation. Blakely said.

“I am a businessman and I would like to see that money stay in our community, but I see the damage it does,” Blakely said. “Jackson County is not going to pick up the tab for alcoholism.”

Bradley however, an enrolled member of the Eastern Band of Cherokee Indians, is hopeful legalized alcohol sales just outside the reservation in Jackson County would force the tribe to follow suit. If voters in Jackson say ‘yes’ to countywide alcohol sales, dry Cherokee will have a tough choice to make: watch Jackson County rake in new business on the reservation’s very doorstep or take a cut by legalizing alcohol sales in Cherokee, too.

An economic tinderbox?

Matthew Pegg, executive director of the Cherokee Chamber of Commerce, doesn’t believe anything done by political outliers will move the reservation toward making “forced” decisions.

“Fortunately or unfortunately,” Pegg said, “nothing too much ‘forces’ Cherokee to do anything — over the years, Cherokee has done what it thinks is best for Cherokee. But if you can get alcohol on both sides but you can’t get it in the middle, while it won’t force anything, it might strengthen the argument for it here.”

Alcohol long has been a contentious issue in Cherokee. But two years ago voters approved the idea of selling it at the casino by a surprisingly large majority, 59 to 41 percent.

Last November, Jackson County residents voted in a new majority onto their board of commissioners. Headed by Chairman Jack Debnam, a political maverick and real estate man who doesn’t actually drink himself but has advocated for residents’ right to decide, the conservative-weighted board has signaled its intent to move forward with an alcohol referendum vote.

County Manager Chuck Wooten said that the wording of the ballot measure might be ready for review by commissioners at their meeting on Monday (Oct. 17). Debnam had asked Wooten and County Attorney Jay Coward to work on the document.

Wooten also believes that legalized alcohol sales would fuel business growth, particularly in Cullowhee with its Western Carolina University-student population. The same potential may hold true in the area of Jackson County outside Cherokee that some so strongly believe is an economic tinderbox waiting for just the right match to strike.

Jackson leaders saw the area primed for growth long before the prospect of countywide alcohol sales.

There is water and sewer in the area already, and a newly built sewage plant in Whittier with the capacity to treat 200,000 gallons of wastewater a day. Although for now, it serves only a handful of customers.

The former board of commissioners, anticipating growth from the advent of water and sewer, even created a land-use plan to regulate the commercial development they thought would surely spring up eventually — no one wanted another U.S. 107 in Jackson County, that overbuilt, congested strip marking the southern end of downtown Sylva.

But the predicted growth never materialized. At least, it hasn’t yet.

Whittier once boomed; would alcohol sales make future difference?

Oxford Hardware Store is busy. As the nearest place for the community’s residents to find nails, tools and some household goods, this store has long served as the ‘town’s’ heart.

In the winter, older men like to gather picturesquely around the woodstove toward the back of the store. Even on a warm fall day such as this one, a number of the community’s residents still make their way inside.

Kandace Powers was among them. She stopped to pick up a few items and share whatever community news might be on tap. Powers believes legalizing the sale of alcoholic beverages in Jackson County would be fine, “if nothing else, to help commerce,” she said. “It might help the economy.”

And, it might just help Whittier rebound a bit, too, she said. The one-time booming town, since turned sleepy hamlet, straddles the county lines of Swain and Jackson, several miles past the highway exit leading to Cherokee.

Whittier, incorporated in 1907 and unincorporated in the late 1930s, could once boast of large sawmills and even, according to local historian Gloria Noland, the largest department store west of Asheville.

The railroad fueled growth in Whittier. And the community, she said, has experienced sales of alcohol before — a beer joint and dance hall were located upstairs from one the store’s in Whittier, the two-story brick building where you first turn into the community after leaving the highway.

“Whittier, then, was truly looking forward to becoming a big city,” Noland said.

But the town fell on hard times with a timber-harvest decline, the Great Depression, and, perhaps, the final indignity of the devastating flood of 1940, she said. That was when the Tuckasegee River raged across Jackson County, changing the landscapes permanently in riverside communities such as Cullowhee and Whittier.

Today, there is little more here than a bunch of old houses, the Oxford hardware store, a post office, a community building and Noland’s thrift store. Housed inside is her “micro Whittier museum” and a model replica of 1900 Whittier, a reminder of better times and when the town attracted droves of tourists and shoppers.

Jackson County commissioners are leaning toward the May primary for putting alcohol on the ballot rather than waiting until the general election next November.

County Attorney Jay Coward briefed Jackson County commissioners this week on the nuts and bolts of a referendum, one that will decide whether the sale of alcoholic beverages is legal throughout the county. If it passes, Jackson would be one of only three counties in WNC with countywide alcohol sales. Henderson County is also holding a referendum on countywide alcohol in May as well.

Four of the five commissioners told The Smoky Mountain News three weeks ago of their intent to hold a countywide alcohol vote, but had yet to discuss the issue in public at a commissioners meeting until this week.

Commissioners will eventually have to formally vote to put the issue on the ballot, directing the Jackson County Board of Elections to stage the election in conjunction with the May primary. Coward indicated that the necessary timeframe doesn’t require the board’s commitment for some time to come, until about February. At that point, commissioners must sort out which — or all — of various options they will allow voters to consider. Beer and wine only? Only in restaurants or to-go from gas stations and grocery stores, too? What about mixed drinks, or a liquor store?

Commissioner Chairman Jack Debnam has indicated he’s interested in seeing voters decide on countywide beer and wine sales, plus decide on whether to open an ABC store in Cashiers. The only ABC store now in Jackson County is located in Sylva.

Asked about the genesis of a possible alcohol referendum, Debnam emphasized that “personally, I don’t care … I don’t drink.” But, Debnam said he strongly believes that people should be given a choice.

When Dale McElroy plunked down $100,000 to expand Mica’s Restaurant & Pub in southern Jackson County last year, he was banking on the status quo staying the status quo: a dry county remaining dry.

McElroy, like other savvy business owners in the area, have used numerous loopholes in the state ABC law to legally sell alcoholic beverages in “dry” Jackson County. McElroy can legally sell alcohol as a semi-private club.

At Mica’s, patrons are knocking back plenty of beer, wine and even liquor. McElroy is counting on that continuing — it’s how he plans to pay for his new outdoor deck, fire pit and remodeled dining room.

McElroy also sells beer and wine from a small to-go shop adjacent to the restaurant. To keep it legal, he sells lifetime memberships for $1 and piggybacks on the golf course and country club to help qualify for the status as a private club.

It’s the beer and wine sales from that shop that help subsidize his restaurant.

But take away the corner on the market he currently enjoys, and suddenly his investment doesn’t look very rosy.

That’s the case, too, for Jacqueline and Joel Smilack, who spent what she described as “a lot” to build two, full-sized asphalt tennis courts. That transformed JJ’s Eatery along N.C. 107 in the Glenville community into a sports club, legally entitled to sell alcohol.

McElroy, for one, doesn’t mince words. If the sale of booze becomes legal for every business — not just the ones such as his and JJ’s that invested big bucks to earn the right to sell alcoholic beverages — then he’ll be forced to shut his doors. The upfront investment has been too great to suddenly have to compete with every Tom, Dick and Harry who owns a service station or restaurant in the Cashiers area being allowed in the game.

The way it works now is that each week, McElroy must call in his order to Sylva’s ABC store detailing the amounts and types of liquor he needs, wait until they call back and say it’s ready, then go pick up the filled order.

So, he must be happy that Jackson County Chairman Jack Debnam wants a vote, too, on opening an ABC store in Cashiers? Wouldn’t that be convenient?

Well, no, as a matter of fact, he’s not happy at the news.

“I’d rather spend $1,000 a week to go down to Sylva than $300 to go into Cashiers,” McElroy said.

In other words, he’s making money because of the exclusivity and inconvenience of the situation as it stands now. The referendum passes, “and I wouldn’t continue running this place,” McElroy said flatly.